Requirements, Expectations, and Standard Procedures for Effective Consultation with Tribes Act

Requirements, Expectations, and Standard Procedures for Effective Consultation with Tribes Act or the RESPECT Act

This bill establishes tribal consultation procedures for federal agencies.

Specifically, the bill requires federal agencies to consult with tribal governments (1) before undertaking any proposed federal activity or finalizing any federal regulatory action that may have a tribal impact, and (2) for all activities that would affect any part of federal land sharing a border with Indian land. Tribal impact refers to any federal action that may have an impact on tribal governments, including tribal cultural practices and tribal treaty-protected rights.

Agencies must prepare tribal impact statements to identify potential tribal impacts of a proposed activity or action. Agencies must also make a good faith effort to identify areas that contain sacred sites important to tribal governments.

The bill further outlines consultation requirements, including outreach and meeting arrangements. In general, the consultation shall conclude only upon the execution of a memorandum of agreement between the agency and the tribal government or the members of a designated tribal leader task force.

Next, the bill requires agencies to take certain actions during the decision stage for a proposed activity (e.g., public comment) and for a regulatory action.

Agencies must recognize and respect tribal self-government and sovereignty and grant tribal governments maximum discretion in the administration of federal statutes and regulations.

Tribal governments may seek judicial review of a determination of an agency under this bill if the tribal government has exhausted all other administrative remedies.

Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov